A Step-by-Step Guide to the Arrest Process

Being arrested can be both frightening and confusing, especially if it is happening for the first time. However, if you understand the arrest process and know what to expect, you can start to feel calmer and a little more in control.

In this blog, we will outline each step of the arrest process to help you gain a better understanding and feel more informed and prepared, should it ever happen to you.

The arrest

The first step is where the police find you and physically arrest you. This could happen at your home, your place of work, or any other area. They will read your Miranda rights, handcuff you, and then take you with them to the police station or jail where you will, for the meantime, remain in custody.

It is important to note that the reading of the Miranda rights does not have to happen at the point of arrest. The police are only legally obligated to read these rights to a person in custody or when they begin to question them about a crime.

If you are arrested, it is advisable to say nothing until you can secure yourself an attorney. Even if you are innocent of the crime, to ensure you protect your rights and future, waiting for an attorney to help you is the best course of action.

At the police station or jail

On arrival at the police station, you will go through the booking process. This is like a registration process where you will be asked specific details about yourself such as your name, address, and date of birth. A photograph and fingerprints will also be taken.

After being booked, you will be detained in a holding cell. You may be given the opportunity to make a phone call. It is advisable to call a family member or trusted friend and ask them to get in touch with a defense attorney and call a bail bondsman to post bond so that you can get out.

If you qualify for and can make bail, you can be released from jail until your trial date. In most cases, it is possible to get bail, though this does depend on the severity of the crime for which you are being charged. If the potential punishment associated with your crime is life imprisonment or there is a concern you may be a flight risk, bail will be denied, though it is possible to have a hearing to reverse this decision.

Sometimes you have to go before a judge the following day to go through the charges against you and secure an attorney before the bail setting process can begin. This will always be the case if a person is arrested on a federal charge.

Can you avoid the arrest process?

If you are wanted in connection with a crime, there is no way to avoid being arrested. However, you can arrange to surrender, which can prevent the police from coming to your place of work or home and handcuffing you. If you surrender, an attorney will help organize a time and date where you must arrive at the police station and surrender yourself to be booked. The bond amount can usually be pre-agreed in these instances too, which makes the process a lot quicker and smoother.

Though being arrested can be frightening, arguing, resisting arrest, or trying to run away is not advisable. Try to stay calm, be polite, and remember that you will have the opportunity to make your defense in court.

If you or someone you know has been arrested, the experienced attorneys at Pak & McRae Law can help. Get in touch for a free and confidential consultation at (678) 632-5298 today.

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Pak & McRae Law

At Pak and McRae Law, LLC we provide straightforward, sincere criminal defense for local, state, and federal matters. Our team includes a former Assistant District Attorney, so we understand how prosecutors approach cases and will use those insights to benefit your case.

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